To apply for probate in West Bengal, the executor named in a will files a petition in the court that has jurisdiction over the deceased person's estate, and the court, after giving notice to those interested and hearing the matter, certifies that the will is valid and that the executor may act on it. Probate is governed by the Indian Succession Act 1925. It is the step that lets the executor collect the deceased's assets, pay the debts, and transfer what remains to the beneficiaries. Our property and title disputes practice handles these petitions.
Who can apply, and in which court
The person who applies for probate is the executor named in the will. If the will names no executor, or the named executor has died or declines to act, an heir or beneficiary can apply for letters of administration instead. Where the will appoints an executor but the court is asked to grant authority with the will annexed, the application is for letters of administration with the will annexed.
Jurisdiction is set by the Act. Section 264 gives the District Judge the power to grant probate and letters of administration, and section 270 fixes the place: generally the court within whose jurisdiction the deceased had a fixed place of residence, or where the property in question is situated. In Kolkata, the Calcutta High Court's Original Side also has jurisdiction to grant probate, and applications here commonly go to that court. Which court to choose can affect cost and time, so decide it with advice.
Documents required
- The death certificate of the deceased.
- The original will, and any codicil.
- A detailed list of the assets and liabilities, with values.
- Proof of the executor's identity and of their relationship to the deceased.
- The petitioner's affidavit verifying the petition and the schedule of assets.
- Consent or no-objection from other legal heirs, where available.
- Details of the attesting witnesses, since a will must be attested as required by section 63 of the Act.
- Proof of the value of the estate for court fee purposes.
Steps, in order
- Read the will carefully and confirm who is named as executor.
- Choose the correct court based on the deceased's residence and the property.
- Prepare the petition for probate, with the schedule of assets and liabilities and the affidavit.
- Value the estate and pay the court fee, which in West Bengal is governed by the Court Fees Act as amended for the state and depends on the value of the estate; the current rate should be confirmed against the schedule before filing.
- File the petition, and take out the citation or notice to the heirs and others interested.
- Allow the notice period to run so that any objection can be filed.
- If there is no objection, lead the evidence, including proof of the will, and press for the grant.
- Once probate is granted, the executor administers the estate: collecting assets, discharging debts, and distributing to the beneficiaries.
Time limits and objections
The Act does not fix a single deadline by which probate must be applied for, so an executor who delays is not automatically barred. But delay is not harmless. Assets can be frozen or misused, banks may refuse to act without a grant, and witnesses may become unavailable to prove the will. Where a will is contested, the court decides on evidence whether it was validly made and attested, and that takes far longer than an uncontested grant.
Common mistakes that delay a grant
- Filing in the wrong court and having the petition returned.
- Leaving assets out of the schedule, or valuing them casually, which invites objections and a higher fee later.
- Failing to serve notice on a person who should have been cited, causing the grant to be challenged.
- Producing a copy of the will instead of the original, when the original can be traced.
- Forgetting that a will must be duly executed and attested, and then being unable to prove it.
- Not acting on the grant afterwards, so the estate stays unadministered.
What the executor does after probate is granted
Probate is not the end of the matter; it is the authority to act. Once it is granted, the executor collects the assets of the estate, discharges the debts and liabilities, and then distributes what remains to the beneficiaries in the shares the will sets out. Where an asset such as a flat or a bank deposit stands in the deceased's name, the grant is what allows the executor to have the name changed or the deposit released. An executor who distributes the estate before paying the debts can be made personally liable, and one who delays can be answerable to the beneficiaries, so the order of events matters.
Frequently asked questions
Is probate always required?
Not in every case. Whether probate is needed depends on the class of the deceased and where the property lies, and banks and registries often ask for it even where it is not strictly required. Take advice on your own facts.
What is the difference between probate and letters of administration?
Probate is granted to an executor named in the will. Letters of administration are granted where there is no executor, or no will, and are usually issued to the persons entitled to the estate.
How long does a probate take?
An uncontested grant moves much faster than a contested one, and the court's docket matters. No one can promise a timeframe, and you should be wary of anyone who does.
Where can I get help?
Read more about our property and title dispute services, and see our published consultation and appearance fees on the pricing page, or write to us through the contact page with a copy of the will and the list of assets.